"ENTRAPPING PEOPLE."

Dominion, Volume 2, Issue 600, 31 August 1909, Page 4

"ENTRAPPING PEOPLE."

POLICE METHODS,IN SLY GROG CASES. , (By Telegraph—Preea AesoclHioD.l . 1 Auckland, August SO.. / Tho methods adopted by tho police in obtaining evidence for, prosecutions for sly ■ grog-selling and other offenoes wore strongly criticised by Mr. Kettle, S.M.,' in- giving evidence before the Police Commission to- . day._ He recognised that' it was difficult to'' obtain evidence in regard: to such offences as sly grog-selling, but he had always held that it was an. objectionable thing that any person should bo employed to endeavour!to procure;'tho commission of crime with the object of; afterwards. instituting a prosecution. He had ofton: had to convict on suoh oridcnce when it was properly corroborated,, but he hold that it was, putting owiitables ; into an unfair position to ask them to do such ' work in regard to: sly, grog-selling, fortune- , telling, or anything elso. People might just as : well go round to,the hotels after 10 o'clock at night for tlio purpose of endeavouring to buy drink, and to the shops after 6 o'clock to buy goods. Such a state of things would '' be intolerable." The Gaming Act contained' special clauses making this : sort' ■ of. thing ' lawful, and ho thought that, if it wore to be adopted, it should be done only with tho sanction or; an Act .of Parliament; , -, v '

Ho specially referred to the case in whicli: tho licensee of tho St. Helicr's Hotel was,' prosecuted for; Sunday trading on the; evi-. denoe of two constables, 1 who'; went •, down ' thoro with thoir wives'and families, and got into tho confidence of the hoteJkccpcr, and > then induced him tp break tho law. ,He had to convict :in :this ! case, and he. imposed a substantial penalty, but he held that, the practice was wrong and dangerous.. He went on the principle of "Lead us not into temp- : tation," and it was wrong to load people into temptation by offering; thenl; inducements iii the form of payment to commit offenccs. v."- - /

, Commissioner j Dinnie If; we did not do what .wo now do, do you think that wo, wouldjbe tfvo cases? —I think I : eoiiM'\. detect sly grog-selling without going to a person and endeavouring to'entrap'him, into committing an offence., ■'Mr.. Bishop' (the commissioner) said that he did ;not\wink-\thit' ; jg« : matter' any further. Mr. Kettle nad 'stated his opinion, arid that was an end of it. Different magistrates ■ and judges ' ; had different. opinions. ' He (Mr! Bishop) did not 'think that any differentiation Mould be made between sly grog-selling and, other offences. ' Mr. Kettle, of course, was looking at tho matter from, the moral aspect. Inspector Cullen rcfofred to a 1 reccnt pronouncement. by _ Mr. Justioo Cooper, favouring tho practice to which Mr. Kettle objected. ; ■ ' ; Mr. Kettle: That does not dispose of my objection'. Mr. Dinnie: If a'constable saw a drunken man going into a hotel, should ho allow him to go in or Btop bimf—He. should stop hi®, of course. He Mould not allow him to go in with. 1 the view of afterwards prosecuting tho •hotolkoepor. ■;" . ' ■'.